Marion County, SC Wills, Estate & Probate Records

Transcribed by Betty Jo Stewart, 19 Jul 2001
WILL OF WILLIAM DAVIS
 
State of South Carolina  )  In the name of God Amen I william Davis of the
Marion District          )  District and State aforesaid being in perfect
health of body of sound and disposing mind memory and understanding praised
be God for the same do make this my last Will & testament in manner & form
following To wit It is my will and desire that my beloved wife Mary Davis
to have the privilege of living on the plantation whereon I now reside for
and during the term of her natural life or widowhood To my said beloved 
wife I give and bequeath for and during the term of her natural life all
the negroes and other slaves together with their natural increase which she
inherited or in any other manner became entitled to and received from the 
estate of her late Father  Upon the death of  my said wife it is my will and 
desire that the above described negro & Other slaves together with their
natural increase shall go to & be equally divided & a  ortioned among my 
children hereinafter named & any other children which my said wife may here-
after either by the present or any subsequent Inter-marriage.  I further give
and bequeath to my beloved wife six Cows & calves Six breeding sows a Bed &
furniture the Kitchen furniture & my sorrel mare called Silvice to her and 
her heirs forever To my children James Thomson, William Henry Deborah McKee
Robert Dunnam Rachael Elizabeth & Nimrod Davis to each of them I give &
bequeath a Seventh part of all the negroes & other slaves together with there
present and future increase which I owned at the time of my intermarriage
with my said wife Subject however to the limitations & provisions made & set
forth The remaining seventh part of the said last mentioned negro & other
slaves including the present & future increase of the same with also all and
other property as well real as personal which any preceding or subsequent 
clause or clauses in this my last will and Testament may equitably entitle
my daughter Ann Stethard OBrian to receive the same I give to my said son
James Thomson in Special trust and confidence to and for the exclusive use
benefit and advantage of my said daughter Ann Stethard OBrian and her chil-
dren should she have any to be free from and in no wise subject to the con-
trol of her present husband or in the smaller degree to be liable for any of
his Debts & contracts. My beds and furniture except the one herein before
disposed of I give and bequeath to my said children to be equally divided
 
WILLIAM DAVIS' WILL PAGE 2
 
among them  The r st and residue of my personal together with my real  s-
tate I will and di ect my hereinafter na ed  xecutors to sell at their
 iscretion for the payment of my legal debts and do her in authorise and
empo er them to make and execute all or any such conveyance or c nveyances
for the same as the law may require.  It is my will and desire any bequest
or devise herein be ore made to the contrary notwithstanding should any of
 y said children (my said daughter Ann Stethard  Bria  included)  ie leav-
ing no children that all the negro & other slaves includin  their natural
increase together with every species of /^slaves property which said deceased child
shall or may have received or become entitled to by virtue of this my last
will & testament & the same shall in such an event go to & be equally divi-
ded among my surviving children  trict regard being had in the distribution
thereof to the right of representation as far as the children of deceased
brother or sister of the deceased child  For the execution of this my last
will and testament I do herein and hereby make constitute and appoint my
said beloved wife Mary Davis Executor my said two sons James Thomson William
Henry and my beloved brother Henry Davis Executors thereof hereby revoking
 nd making void all other ill or wills and testaments  t any time by me here-
tofore made and do declare this to be my last  ill and testament  In witnefs
whereof I have hereunto set my hand and seal this ninth day of  ctober in the
year of our Lord one thousand eight hundred and twenty one and in the forty
fifth year of the Sovereignty and Independence of the United States of American
 igned Sealed declared and published as and for t e last will and testament
of  illiam Davis in the presence of us who at his re uest & in the presence
of each other have hereunto subscribed our names  s  itnefses to the same
 acheal P Newsom                                      William Davis (SEAL)
Tho^s P Godfrey
W^m Eagerton
 
Recorded in Will Book 1, Page 233
Original Will Missing
 worn to January 3^d 1832
 dw^d B. Whe ler,  rdy M. Dist
Roll No. 241
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